![]() Location of Malaysia (dark green) | |
Medicinal | Subjected to ministrial approval |
---|---|
Recreational | Illegal |
Cannabis is illegal in Malaysia, although there are talks to make exceptions for medical purposes. [1] [2] Recreational use of cannabis is illegal under Malaysian laws, while the use of cannabis for medical, experimental, educational and research purposes are subjected to the authorization of Minister of Health, and may only be carried out by a public officer. [3] [4] [5]
Under the Dangerous Drugs Act 1952, persons found with illegal possession of 200 grams of marijuana or more are presumed to be trafficking in drugs, and may either be sentenced to death or life imprisonment in addition to at least 12 strokes of caning. For illegal possession of 50 grams or more, the punishment is either life imprisonment or minimum 5 years jail term and 10 strokes of whipping, while illegal possession below 50 grams to 20 grams, may be punished with 2 to 5 years of imprisonment in addition to 3 to 9 strokes of caning [3] [1] [6]
Before the abolition of mandatory death penalty in 2023, the only punishment for trafficking in cannabis in Malaysia is death.
Following the British acquisition of Dutch Malacca, by 1826 the British were raising taxes from the production of bhang. [7]
Cannabis restrictions in Malaysia date as far back as the Dangerous Drugs Ordinance 1952 in British Malaya prior to its independence in 1957. [8]
The main legislation governing the possession and use of cannabis in Malaysia is the Dangerous Drugs Act 1952 (DDA). Illegal possession and consumption of cannabis, whether in raw or processed form, is a punishable offence under the said Act.
The penalty for illegal possession below 20 grams of cannabis is maximum five years imprisonment or a fine of up to RM20,000, or both. For possession of 20 to 50 grams of cannabis, the penalty will be 2 to 5 years of imprisonment and 3 to 9 strokes of whipping. For possession above 50 grams but below 200 grams, the penalty is either life imprisonment or minimum 5 years jail term in addition to 10 strokes of whipping. [3]
If the amount of cannabis is 200 grams or more, then the person illegally possessing the cannabis is presumed under Section 37(da) of the Act as trafficking in dangerous drugs, for which he may be sentenced to either death, or life imprisonment in addition to at least 12 strokes of whipping under Section 39B. [3] Before the 2017 amendment and the abolition of mandatory death penalty in 2023, the only punishment prescribed under Section 39B is the death penalty.
The use of cannabis for medical, experimental, educational and research purposes in Malaysia is only permissible when an authorization by the Minister of Health is granted and such use is carried out by a public officer. [3] [5] However, such authorization is rarely granted. [4] Recreational use and consumption of cannabis is prohibited and a criminal offence punishable under the DDA.
In 2018, public outrage over a death penalty handed to a 29-year-old man led Malaysia to discuss legalising cannabis for medical use, which could make them one of the first nations in Asia to do so. The previous Malaysian cabinet also discussed the medicinal value of marijuana in a September 2018 meeting and started early and informal talks on amending the relevant laws. [9] [10] However, as of 2021, such plans never materialised, and Malaysia since had a change of government under unrelated circumstances.[ citation needed ]
During the debate session for 12th Malaysia Plan, Syed Saddiq proposed a review for use of medical marijuana. He cites the possibility of using it as alternative medical treatment for youths suffering mental health issues, while noting the expected growth of this industry to over RM400 billion in next 4 years from current annual grosses of RM60 billion. [11]
In September 2021, UniMAP became the first ever public university to be allowed to conduct research on hemp cultivation, which a 0.8 hectares of land at Institute of Sustainable Agrotechnology (INSAT) in Sungai Chuchuh, Padang Besar will be used to conduct the research. This research is conducted with the collaboration with a Kuala Lumpur-based company called MyUS Hemphouse Sdn Bhd. [12] [13]
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.
Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2022–23, 41% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.5% had used cannabis in the last 12 months.
Cannabis is illegal in Nigeria, yet the country is a major source of West African-grown cannabis, and ranked the world's third highest consumer of cannabis.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.
Cannabis in Germany has been legal for recreational usage by adults in a limited capacity since 1 April 2024, making it the ninth country in the world to legalise the drug. As of February 2024, it has been assessed that 4.5 million Germans use cannabis.
The possession, use, and distribution of cannabis without a license in the State of Israel are violations under the Dangerous Drugs Ordinance. A decade ago, despite these regulations, enforcement was relatively lax, partially influenced by a political movement advocating tolerance. Over the years, the enforcement approach has progressively become more lenient. As of 2021, cannabis use has been fully decriminalized, with it being treated as an administrative infraction primarily when used in highly visible public places. There is a possibility that cannabis may be legalized for recreational use by adults aged 21 and older in the future, with regulations akin to those for alcohol. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.
Cannabis in Brazil is illegal but decriminalized, while possession and cultivation of personal amounts and for private use were de-penalized in 2006. In 2024, Brazil's Supreme Court ruled that Brazilians can possess and transport up to 40 grams of cannabis for their own consumption. However, the sale continues to be considered a crime. Use of cannabis medications is allowed for terminally ill patients or those who have exhausted other treatment options. It is also possible to import, manufacture and sell cannabis-based medicines.
Cannabis is illegal in Indonesia. Cannabis plants, all plants of the Cannabis genus and all parts of plants including seeds, fruit, straw, and processed cannabis plants or parts of cannabis plants including marijuana resin and hash are categorized as narcotics group. Drug offenders are subject to a minimum sentence of four years in prison if caught possessing it. Derivatives of medical and recreational cannabis are also illegal.
Cannabis has been cultivated in Japan since the Jōmon period of Japanese prehistory approximately six to ten thousand years ago. As one of the earliest cultivated plants in Japan, cannabis hemp was an important source of plant fiber used to produce clothing, cordage, and items for Shinto rituals, among numerous other uses. Hemp remained ubiquitous for its fabric and as a foodstuff for much of Japanese history, before cotton emerged as the country's primary fiber crop amid industrialization during the Meiji period. Following the conclusion of the Second World War and subsequent occupation of Japan, a prohibition on cannabis possession and production was enacted with the passing of the Cannabis Control Law.
Cannabis in Latvia is illegal for recreational and medical purposes, but production of industrial hemp is permitted.
The use and possession of cannabis is strictly illegal in the Kingdom of Saudi Arabia. Use and possession for personal use of any kind of recreational drugs is usually punishable by imprisonment if caught. For foreign citizens, there would generally be more leniency. Imprisonment for personal use of cannabis could go up to 1 to 6 months in prison with or without whippings for first time offenders. Imprisonment for drug dealing can range between 2 and 10 years in prison with whippings. Repeated dealing and or smuggling of large amounts of drugs usually result in harsher time in prison or can even include the death penalty, although recent executions are very rare. Foreigners who use cannabis could be deported.
Cannabis in Slovakia is illegal for all purposes and possession of even small amounts of the drug can lead to lengthy prison terms. Possession or use of small amounts of cannabis is punishable by up to eight years in prison. In April 2012, The Wall Street Journal reported that Robert Fico, the incoming Slovak prime minister, might push for partial legalisation of cannabis possession, and has argued for the legalisation of possession of up to three doses of cannabis for personal use.
In Thailand, cannabis, known by the name Ganja has recently had new laws passed through. Cannabis that has less than 0.2% THC, referred to as industrial hemp in USA, was legalised on 9 June 2022. Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner. Recreational cannabis is still illegal according to Thai law.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
Cannabis in Eritrea is illegal with severe penalties for the production, sale, and possession of marijuana for medicinal or recreational purposes. Offenders are imprisoned up to twelve months and fined up to 50'000 Nkf for possession. Conditions for cultivation in Eritrea are poor.